Kuwait Court of Cassation principle number 419

Summary: - Decisions on appointment, promotion, and the granting of incentive increments. The legislature prescribed specific time limits for their withdrawal, namely 1 year from the date of their issuance, as an exception to the general rule for withdrawing administrative decisions. The implication of this. There is no room for interpretive discretion in this regard or for subjecting them to the general time limits, since each of the 2 decisions has its own distinct sphere independent of the other. Rule: Article (33) of Civil Service Decree-Law No. 15 of 1979 provides that: "Decisions issued for appointment, promotion, or the granting of incentive increments contrary to laws and regulations shall not be withdrawn within 1 year from the date of issuance of the decision." The foregoing means that the legislature, for a purpose it sought to achieve, prescribed specific time limits for decisions on appointment, promotion, and the granting of incentive increments, namely 1 year from the date of their issuance, as an exception to the general rule for withdrawing unlawful administrative decisions. Consequently, there is no room for interpretive discretion in this regard and for subjecting them to the general time limits, since each of the 2 decisions has its own distinct sphere independent of the other.